Legal Tools for the Dialogue among Family Members

Russo De Rosa Associati has developed relevant experience in the context of intergenerational transfers and the identification of the most effective solutions and instruments for the transmission of entrepreneurial and non-entrepreneurial assets.

Every project is studied on a “tailor made” basis: the initial first phase of collecting data for an analytical qualitative-quantitative mapping of the assets is followed by a moment of “listening” to the client and other family members involved in the transmission, favouring the establishment of a dialogue giving rise to the objectives and drivers which shall guide the subsequent feasibility study (progressiveness, continuity, segregation, financial impact).

Family dialogue is a fundamental moment in the transmission planning path because the completion of an efficient intergenerational transfer must necessarily entail sharing.

The analysis of assets and specific objectives which emerge are filtered and assessed in light of limits and statutory constrains with the ultimate purpose of identifying, amongst the multiple instruments offered by the legal system, (trust, holding, family pacts, donations, statutory amendments, often combined with each other) which is the most effective from the legal viewpoint, as well as efficient in the tax context. Once the results of the feasibility study have been represented and shared, the Firm supports the client in the following phase of implementing the chosen solution as well as with the drawing up of the final documents (acts establishing trusts, family pacts, statutes, fiduciary mandates, etc.).